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MAX homicide ruled self-defense

Newly released court documents reveal the 15-year-old boy shot and killed on a MAX platform was armed with two guns, and that a Multnomah County grand jury has ruled his homicide as an act of self-defense.

Abukar Madey, 15, was shot in the head on October 11, 2013 shortly before midnight. Detectives with the Portland Police Bureau Homicide Detail responded to the reports of multiple shots fired at the Holgate Transit Center, located near Southeast 93rd and Southeast Holgate Street. Madey was transported to a local hospital where he later died.

Lucio Alejandro Ramirez-Navarro, who goes by the name of Alex Ramirez, was also injured in the shooting. Detectives told KOIN that Ramirez is a documented member of a Hispanic street gang. He was found at the transit center suffering from several gunshot wounds. He was transported to a local hospital in critical condition. He was later released.

On Tuesday, a Multnomah County grand jury secretly indicted Ramirez on one count each of unlawful use of a weapon with a firearm and felon in possession of a firearm and third-degree assault.

On Oct. 24, 2013, Silvano Velasquez was booked into the Multnomah County Detention Center on one count each of murder, attempted murder, unlawful use of a weapon and first-degree assault. Prosecutors, working with Velasquez’s defense attorney, decided to delay taking the case to a grand jury pending the on-going investigation. KOIN has learned that a grand jury issued a “not true bill” for the charges of murder, attempted aggravated murder and first-degree theft, thus ruling the shooting as an act of self-defense. The grand jury did, however, indict Velasquez on two misdemeanor counts of tampering with physical evidence and unlawful possession of a weapon.

According to court documents obtained by KOIN, on the night of the shooting, Velasquez and a person named Jade Grimm can be seen walking over to the stairs of the MAX platform. The images were recorded on TriMet surveillance video cameras. Velasquez and Grimm told Senior Deputy District Attorney Kirsten Snowden that they were smoking a cigarette near the top of the stairs when an unidentified male, wearing a mask, came up the stairs and passed by them. Velasquez and Grimm said two other males then joined the masked man and all three approached Velasquez and Grimm from behind.

Portland police later identified the two other males as Madey and Ramirez. Velasquez told Snowden that Ramirez was trying to start a fight and was asking him if Velasquez had any gang affiliations, court documents state. Velasquez said he felt threatened by the men so he “adjusted the gun he had concealed in his waistband” in order to back the three males away and to get them to leave him and his girlfriend, Gimm, alone, court documents state.

Velasquez said Ramirez then walked over to Madey and pulled out a “large assault rifle that ‘looked like an AK,’” from a backpack that Madey was wearing, court documents state. Gimm told investigators the backpack looked like a guitar case. Portland police homicide detectives later recovered a loaded, Hi-Point semi-automatic rifle from a guitar case that was worn by Madey.

Investigators said video shows Madey wearing the guitar case on his back when Ramirez walks over to him and takes out the semi-automatic rifle and points it directly at Velasquez as he approaches. Madey can be seen pulling out a “sawed-off pistol-grip shotgun from his front pocket” and pointing it in the direction of Velasquez and Grimm.Velasquez and Grimm told Snowden that when Ramirez approached Velasquez with the rifle, he pointed it as his chest and then stepped forward and jabbed him in the chest with the rifle, court documents state. After some discussion, Ramirez can be seen putting the rifle back inside the guitar case on Madey’s back while Madey puts the sawed-off shotgun back into his pocket, court documents state.

Velasquez and Grimm told investigators that Ramirez continued to want to fight. Velasquez said that he did not want to fight “but that (Ramirez) persisted and handed his jacket to Madey as he prepared to fight,” court documents state. The video shows the three men surrounding Velasquez and Grimm and shows Ramirez handing his jacket to Madey. “(Ramirez) assumes an aggressive posture” while facing Velasquez when the masked male suddenly comes from the left and punches Velasquez twice in the face causing injury, court documents state.

Velasquez said he feared for his life and believed that he and his girlfriend were going to be killed or seriously injured so he pulled out his gun and fired in the direction of the three males until he was out of ammunition, court documents state. The video shows Madey falling to the ground. Velasquez can be seen kicking Madey on the ground and holding his gun to him as he searched him for a weapon, court documents state. Velasquez then took the sawed-off shotgun from Madey and flees on foot with Grimm. Velasquez told investigators that he took the weapon because he was out of ammo and he was “fearful that (Ramirez) and the masked male might return,” court documents state.

Dr. Larry Lewman of the Oregon State Medical Examiner’s Office reported that Madey was struck by bullets in the right armed and twice in the head and died as a result of those injuries. Investigators talked with Ramirez who was shot twice in the abdomen and in the left arm, court documents state.

Ramirez has been convicted in the past for third-degree robbery and third-degree assault, and that by law, he is prohibited from possessing a firearm. Snowden writes in court documents to seek an increased bail that she believes Ramirez is a flight risk and a risk to the community if released. She is asking a Multnomah County Circuit Court judge to increase his bail to $300,000.

Ramirez is expected to appear in court on Thursday at 2:10 p.m. for a preliminary hearing and to be arraigned on the grand jury indictment. He was originally

Court records show that Velasquez, who remains in custody, is scheduled to appear in court on Friday at 9:30 a.m.

The masked man who was at the transit center the night of the shooting has not been formally charged, but law enforcement sources told KOIN they are still investigating.